83R21367 JTS-D
By: Smith H.B. No. 3681
Substitute the following for H.B. No. 3681:
By: Dutton C.S.H.B. No. 3681
A BILL TO BE ENTITLED
AN ACT
relating to the acceptance of bids for certain contracts for
improvements to real property from a person who received
compensation for participating in the preparation of the bidding
specifications.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter Z, Chapter 271, Local Government
Code, is amended by adding Section 271.909 to read as follows:
Sec. 271.909. CERTAIN BIDS AND CONTRACTS FOR IMPROVEMENTS
TO REAL PROPERTY PROHIBITED. (a) In this section, "local
government" means a municipality, county, or other political
subdivision of this state subject to competitive bidding
requirements.
(b) A local government may not accept a bid or award a
contract for an improvement to real property that includes proposed
financial participation by a person who received compensation from
the local government to participate in preparing the specifications
or request for proposals on which the bid or contract is based.
(c) A bid or award subject to the requirements of this
section must include the following statement:
"Under Section 271.909, Local Government Code, the vendor
certifies that the individual or business entity named in this bid
or contract is not ineligible to receive the specified contract and
acknowledges that this contract may be terminated and payment
withheld if this certification is inaccurate."
(d) If a local government determines that an individual or
business entity holding a local government contract was ineligible
to have the contract accepted or awarded under Subsection (b), the
local government may immediately terminate the contract without
further obligation to the vendor.
(e) This section does not create a cause of action to
contest a bid or award of a local government contract.
(f) This section does not prohibit a bidder or contract
participant from providing free technical assistance to a local
government.
(g) This section does not apply to a contract for
professional services that constitute the practice of architecture
within the meaning of Chapter 1051, Occupations Code, or the
practice of engineering within the meaning of Chapter 1001,
Occupations Code.
SECTION 2. The change in law made by this Act applies only
to a request for proposals, competitive bidding notice, or other
similar request issued by a local government on or after the
effective date of this Act.
SECTION 3. This Act takes effect September 1, 2013.